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Divorce Questions & Answers
1 Answer | Asked in Divorce and Real Estate Law for Georgia on
Q: My Dad is separated. His wife wants to sell he does not. What rights does he have?

They are going through a divorce. He is a senior with no other means where to live. She is also paying a portion on the condo. But he does not have any other means of paying that portion. So, According to Puerto Rico what are his rights as a Senior and part owner? And she left the home and he is... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Mar 3, 2021

If they divorce it’s likely to be considered marital asset and they may have to sell it to divide it. It all depends on the facts of the case and what the judge decides. If he’s not working with an attorney for the divorce he should considering doing so. If he is ordered to sell, then he may... Read more »

1 Answer | Asked in Divorce for Nevada on
Q: My husband beat the crap out of me in April 2019. He spent jail time now he is OUT. I need a divorce
Bonnie M Lonardo
Bonnie M Lonardo answered on Mar 3, 2021

You are free to file for divorce in any state where you can meet the state requirements for divorce. The only requirement for a divorce in Nevada is that you or your spouse have lived in the state for at least six weeks prior to filing your divorce. You have the right to begin the process at any... Read more »

1 Answer | Asked in Divorce for Nevada on
Q: Hi. I have been married for 25 years and i would like a divorce. What happens financially in Nevada?

We live in Las Vegas and were married here. Thank you.

Bonnie M Lonardo
Bonnie M Lonardo answered on Mar 3, 2021

Nevada is a community property state, therefore all property, bank accounts, and other assets, as well as debts, acquired during the marriage are considered part of the marital estate. Both parties are automatically entitled to an equal share of the marital estate. Nevada family law courts do not... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Tennessee on
Q: Can I file for emergency custody of my children when I file for divorce?

I have no filed yet but my husband is an addict and I am scared for my kids to he with him wothoit me around.

Ross Matuszak
Ross Matuszak answered on Mar 3, 2021

Thank you for your question. Yes, you can file for full custody while the divorce is pending if you suspect that the children may be in danger due to your spouse's addiction issues. I would recommend hiring an attorney to assist you with the process to ensure that your children are protected.

1 Answer | Asked in Divorce for Michigan on
Q: If my husband to get the QDRO for 1/2 my retirement (2014 divorce), do I need to remind him?

2014 J.o.D. awarded husband 1/2 my 403(b) account and 1/2 pension. I'm planning to retire next year but am I responsible for getting the QDRO. J.O.D. says that he is responsible for all costs. If he fails to do the QDRO/EDRO by a certain time, do I get to keep my full retirement?

Michael Zamzow
Michael Zamzow answered on Mar 3, 2021

This type of question is unlikely to get any specific response, there is just not enough information.

You'll want to contact a family law attorney, or general litigator to discuss some of the risks arising from what you're describing.

1 Answer | Asked in Divorce, Estate Planning and Family Law for Tennessee on
Q: I've been divorced many years but have never recieved my half of assets that were in judgement.

I was supposed to receive half of 401k ( which was supposed to be frozen by guidelines for 18 months) but was released to him. There are annuities also. How do I go about accessing annuities & what if he died? Would I still be able to access annuities?

Anthony M. Avery
Anthony M. Avery answered on Mar 2, 2021

Hopefully you also had a Qualified Domestic Relations Order in addition to your Divorce Decree. Without it there is probably little hope of ever receiving anything from a Retirement Plan. Annuities are a whole separate problem as you have to sue each administrator/trustee in whatever State... Read more »

2 Answers | Asked in Child Custody, Divorce and Family Law for Virginia on
Q: What kind of lawyer do I need to talk to about custody of children?

Grandmother has physical custody of two children, parents share joint custody. Mother is in jail, and father wants to know his rights about getting custody of his children.

James H. Wilson Jr.
James H. Wilson Jr. answered on Mar 2, 2021

Custody cases in Virginia are routinely handled by family law lawyers and divorce lawyers.

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1 Answer | Asked in Child Custody, Child Support and Divorce for New Jersey on
Q: I live in NJ and my kids live in TN. The divorce and parenting plan were made in TN. Is it valid if they move out of TN?

My kids and their mom are moving out of TN to Georgia and I currently live in NJ. Is the parenting agreement that was made in TN regarding travel and child support still valid in another state?

Richard Diamond
Richard Diamond answered on Mar 2, 2021

Not a simple question since you are telling me that your ex and the children are planning on moving out of Georgia.

If they were staying in Georgia, under the “Uniform Child Custody Jurisdiction and Enforcement Act” (UCCJEA), Georgia would retains control over your children. But if no...
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1 Answer | Asked in Divorce and Land Use & Zoning for Illinois on
Q: If I buy land but don't want my husband to take it from me in divorce can I gift it to my children or otherwise save it?

I'm not even sure divorce is the answer for me but I don't want my kids and I to be left with nothing and I feel like he would do his best to leave us begging for air. If I bought land with my own savings could I gift it to my children so that he couldn't take it but the kids (and I)... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Mar 2, 2021

You mention using your own savings. If the savings came from money earned during the marriage, then it would not be your savings, it would be marital savings. If you bought land with it, the land would be a marital asset and therefore subject to division at the time of divorce.

1 Answer | Asked in Criminal Law, Divorce and Domestic Violence for Ohio on
Q: My question is about expungement

I was charged with M4 DV in 2019. I pled to MM Dis. Conduct and I recently applied to have my record expunged. Here is my concern: in 2008 I was charged with M1 DV and I pled to M4 DV. I got that record expunged. I'm now concerned that when looking this up, they could decide that I should... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Mar 1, 2021

No, once you plead & are convicted, the case can’t be reopened.

3 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Maryland on
Q: If granted sole physical and legal custody, what rights do I have? If the order has Contradictions.

I have a PL order that grants me sole legal and residential custody but the custodial time given to my spouse is very liberal. It also contradicts the fact that I am the one with sole legal custody. The order states that our daughter will participate in extracurricular activities and gives him the... Read more »

Timothy E. Howie
Timothy E. Howie answered on Mar 1, 2021

A pendente lite order is a temporary order that, generally, remains in effect until the actual trial. I suspect that you have an actual trial scheduled for June. If you feel that there is a sufficient reason for the court to reconsider the issue of custody after the pendente lite order but before... Read more »

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1 Answer | Asked in Divorce for Wisconsin on
Q: The information on my post nup was filled with the wrong information.. does that nullify the post nup?

It was filed.. the dates were incorrect..

Jane E. Probst
Jane E. Probst answered on Mar 1, 2021

It depends. If it was only a date, that, in and by itself, may not nullify a prenuptial agreement. To be a valid prenuptial agreement, each party must make full disclosure of his or her income, assets and liabilities. They must also have adequate time to review, preferably with the assistance of... Read more »

1 Answer | Asked in Divorce for Georgia on
Q: Does my soon to be ex-wife needs to know where i work and my monthly job income in order to do a uncontested divorce?
Homer P Jordan IV
Homer P Jordan IV answered on Mar 1, 2021

Is she seeking alimony or is there child support involved? We’d need to know more about the details of your case in order to answer this question. If these issues are in play then it is reasonable that you would have to disclose your income. If you have issues that you don’t agree upon, then... Read more »

1 Answer | Asked in Divorce, Child Support, Employment Discrimination and Probate for Massachusetts on
Q: How to go forward with a judge that works with my husband for 20 years ruled against me and my husband told me he would
Lillian J. LaRosa
Lillian J. LaRosa answered on Mar 1, 2021

Are you pro se? Did you tell your attorney this ? A Motion to Recuse is the usual method of proceeding when there is an association between either party and the Judge or an appearance of conflict even it is a good idea for the Judge to recuse.

1 Answer | Asked in Divorce and Family Law for Texas on
Q: What If the respondent changes their mind to sign waiver of service ?

Do they have to go back to the court and request service or does the respondent just file an answer, although the petition wasn’t given to them? Do they have to go back to the court and request service or does the respondent just file an answer, although the petition wasn’t given to them?

Teri A. Walter
Teri A. Walter answered on Mar 1, 2021

If you've already filed a waiver, you need to get an answer on file. And check the terms of the waiver. Some of the waivers I've seen don't just waive service, but also waive notice of the proceedings.

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Civil Rights for North Carolina on
Q: Can I move back to the marital home if my spouse moves out after he was granted possession with a DVPO?

He'll tell the real estate agent he is moving out. If he is gone for 30 days and I'm there, I have a right to privacy. He wants to move in with the other woman to sell the house. He was granted possession. The home is jointly owned by myself and him. I can cancel the sale before the 45... Read more »

Ben Corcoran
Ben Corcoran answered on Mar 1, 2021

I am answering these questions as if the house is in NC, I am not sure given that your address is listed in VA, if the house is in VA then my answers may be wrong.

If he was granted possession then no you cannot move back in without something terminating his exclusive possession....
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3 Answers | Asked in Consumer Law, Criminal Law, Divorce and Civil Rights for California on
Q: In california while using a self check out, can a walmart employee search through my bag and count my items

I was at a self checkout and 1 of my items was scanning at a higher cost than stated on the sign. I asked a employee for assistance with the item. I stated that these socks are marked for clearance for $2.50. I had already scanned 8 pairs and they all scanned for the correct price $2.50. This is... Read more »

William John Light
William John Light answered on Feb 27, 2021

It's arguably false imprisonment. It's different than Costco, which has a Membership Agreement. Refusing, however, has its costs and your remedy is a lawsuit, the end result of which is not guaranteed to be satisfactory to you since your damages are effectively $0. Complying also has... Read more »

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2 Answers | Asked in Divorce for Florida on
Q: I am trying to get a divorce from my husband. He is not a US citizen and has no US documents.

He won't give me his address. I want to do Service by Publication. For the Affidavit of Diligent Search, it states that I have to do a bunch of things, which I am not sure how to do in Nigeria. I spoke with someone there and they said it could take a lot of money because I would need to pay... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 26, 2021

You could try. Explain in the affidavit what steps you did take, what steps you didn't take, and explain why you didn't. The worst that could happen is that the court would refuse to approve.

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1 Answer | Asked in Divorce and Child Support for Massachusetts on
Q: I want a divorce. I live in Massachusetts, My husband left to PR and thought I would follow, but I said no. How to file?

We own a house in PR. I have my youngest son (16) living w/me at my sister’s. I had to abandon my apartment. I can’t afford rent on my own. Can I file in MA vs PR. He left in Oct 2020.

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 26, 2021

It sounds like you were both living in Massachusetts until October 2020 when husband left, so yes and Massachusetts has jurisdiction over the child who lives here and has lived here for 6 months or more.

1 Answer | Asked in Divorce for Texas on
Q: In my original divorce petition, they put my last name as my wife's middle name. How would I fix it
Teri A. Walter
Teri A. Walter answered on Feb 26, 2021

Talk to your lawyer - the petition can easily be amended, but that may not even be necessary. What's important is that the error doesn't end up in the divorce decree.

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